Pool v. Menefee
Supreme Court of Alabama
Appeal from Circuit Court, Marengo County; R. I. Jones, Judge. Bill by A. B. Menefee against B.. E. Pool and another to rescind certain contracts and to cancel the evidences thereof. From a decree overruling demurrers to the bill, respondents separately appeal. 1. I. Canterbury, of Linden, for appellant Thompson. (The briefs are consolidated for the sa"ke of convenience.) The bill was demurrable, because not properly. paragraphed.
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Appeal from Circuit Court, Marengo County; R. I. Jones, Judge. Bill by A. B. Menefee against B.. E. Pool and another to rescind certain contracts and to cancel the evidences thereof. From a decree overruling demurrers to the bill, respondents separately appeal. 1. I. Canterbury, of Linden, for appellant Thompson. (The briefs are consolidated for the sa"ke of convenience.) The bill was demurrable, because not properly. paragraphed. Rule 8, Chancery Practice; 173 Ala. 383, 56 South. 227. The bill was multifarious. 72 Ala. 303; 200 Ala. 70, 75 South. 398; 123 Ala. 634, 26 South. 222, 82 Am. St.…
1Opinion of the CourtMcCLELLAN, J.
The appellee, Menefee, filed this bill (later amended) against the appellants, B. E. Pool and B. A. Thompson. The appeal is from a decree overruling the separate demurrers of the respondents, appellants, to the bill as a whole and to parts thereof. The relief sought is rescission of contract and cancellation of written evidences of it, one for the sale of real property in this state, and the other for the sale of certain personal property, the agreed value of which was to be satisfied .with other properties, and also to cancel both the deed conveying the real estate in consonance with the…
2Cases cited11 opinions
- Tillis v. Smith Sons Lumber Co.Supreme Court of Alabama · 1914
- Hogan v. ScottSupreme Court of Alabama · 1914
- Minter v. Br. BankSupreme Court of Alabama · 1853
- Cleere v. CleereSupreme Court of Alabama · 1886
- Conoly v. HarrellSupreme Court of Alabama · 1913
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Grimsley v. First Ave. Coal & Lumber Co.Supreme Court of Alabama · 1927
- Floyd v. GreenSupreme Court of Alabama · 1939
- Richardson v. CurleeSupreme Court of Alabama · 1934
- American Book Co. v. StateSupreme Court of Alabama · 1927
- Webb v. SprottSupreme Court of Alabama · 1932
7 more not listed; retrieve them via the Exa API.